POA & Family Trust

[longbeach]

What is the name of your state? CA

My mother has granted Durable Power of Attorney to me. She also has a Revocable Living Trust. With me having POA does this mean that I have access to the assets in the Living Trust?

I'm also concerned because my other siblings have this same set up for my step-father and they give me cause for suspision.

thanks

 

[BlondiePB]

Are you the trustee of the trust? Is the trust joint with your mother's husband? Are their joint assests in the trust?

 

[longbeach]

No I am not the trustee on any trusts.

There are 2 trusts. One is joint with her husband and the other trust has her name only.

The trust that is joint has joint assets in it. The other trust is seperate property of my mother.

 

[BlondiePB]

You do not have access to the trust and its assests. Who are the trustees of the trusts? Why are you suspicious of your siblings? Are there assests missing? Does your mother have any dementia?

 

[longbeach]

Currently the trustee of my mother's trust is her. It is a revocable living Trust and she is the trustee. I believe a bank is the successor trustee.
THerefore, if she is trustee of her trust and I have POA over her affairs...then...would I or would I not have access to her trust?

 

[BlondiePB]

You do NOT have access to your mother's trust, period.

 

[longbeach]

Thank you, that's a relief to know.

So, it is safe for me to assume that trusts are outside of the limits of Durable POA.

thanks again.